I’m worried about what would happen to my kids if I were to pass away. I have an old court order for 50/50 custody with their dad, but I actually have them most of the time and make all their decisions. I don’t think he’s fit to be their primary caregiver due to his past behavior and lack of responsibility. I’ve talked to my family about stepping in, and I trust them to support my kids. What can I do to ensure they’re taken care of if something happens to me? Can I ask their dad to sign an agreement now, or is there a better way?
It’s good that you’re thinking ahead. You can create a legal document, like a will or a guardianship designation, naming your preferred caregiver(s). This can help guide the court if the situation arises. Consult an attorney to make sure everything is valid.
Definitely talk to your family about being guardians if anything happens to you. You can also discuss this with their dad, but be prepared that he might not agree. Legal documentation will be crucial in that case.
Consider drafting a letter or agreement that outlines your wishes and have him sign it in front of a notary. While it may not be legally binding, it shows your intent and could influence the court’s decision.
In Wisconsin, you can name a guardian in your will. This will carry weight in court. If the father contests it, the court will consider what’s in the best interests of the children, but having a plan documented is essential.
Make sure to update your will and any legal documents regularly. It’s also a good idea to have conversations with your kids about these plans so they understand their support system.